I-140 Eb2 or Eb3 category confused

[justcuriousaa]

Hi,

I am on H1b and I have BE plus 5 years work exp. So my lawyer told, he will file labor in EB2 for me.
He filed Labor in perm Sep 2006 and approved and filed 140 in Jan2007 pending.
Now only my lawyer sent me the 140 receipt notice as I needed it for stamping.
when I looked at that it said Section as
"Skilled Worker or Professional" which I guess
corresponds to EB3 category.

So I asked him why he did like this.

He is saying, the documents and forms he filled for 140 all are having as EB2. But may be they have wrongly classified it as EB3 and he needs to call CIS and check it.

I am doubting him.
Can someone tell me if it is really possible that CIS messed it up or my attorney is confusing me to cover his mistake...
And also can you tell me what can I do now?
Is it possible to change this application as EB2 now ( since it is still pending) or should I file another labor and 140 for Eb2?
or should I even do that or instead stick with eb3?

I would appreciate anyone's help and advice on this

Thanks

 

[manwithnoname]

"Skiled worker of Professional" is definitely EB3. Either one may made a mistake - you have to work with your attorney to sort this.

 

[Retrogresser]

It is probably an attorney mistake

Mine made the exact same mistake by checking the wrong case on the application and did not own up to it for 3 months until I called USCIS and confronted him.

He ended up filing for a new labor certifiication and I-140 EB-2 with premium processing which got approved 6 weeks later. Now I have an EB-2 and EB-3 approved I-140's both of which have retrogressed thanks to the July visa bulletin fiasco!

The problem with this situation is you cannot use the same labor certification to apply for EB-2 which means you have to apply again.